A federal district court judge ruled Tuesday that special counsel Jack Smith can file a more-than-180-page evidence brief in the Jan. 6 case against former President Donald Trump, dismissing claims from Trump’s legal team that allowing the filing would be unfair and overtly political as the election approaches.
“As the court explained, allowing the Government to submit an opening brief does not deny the defense an opportunity to address the issues,” District Judge Tanya Chutkan wrote in a six-page order, saying Trump’s concern “with the political consequences of these proceedings does not bear on the pretrial schedule.”
Over the weekend, Smith informed Chutkan he was readying a 180-page filing, with more than 30 additional pages for exhibits, that will discuss the evidence in the case and make an extensive argument as to why Trump should face charges despite the Supreme Court’s 6-3 presidential immunity decision from July 1.
The special counsel’s office said the lengthy brief is necessary for a “detailed, fact-bound, and thorough analysis,” as instructed by the Supreme Court.
Trump’s lawyers opposed that motion Monday afternoon, saying Chutkan should first address preliminary questions before allowing prosecutors to proceed with such a filing, such as contesting whether Trump’s communications with former Vice President Mike Pence should be included in the indictment because the defense says that activity constituted presidential duties that are shielded by immunity.
In a recent court hearing, Smith’s team suggested that their opening court filing on presidential immunity would be packed with damning information about Trump that supported their underlying charges against him.
The special counsel’s office said such a filing would include material such as grand jury testimonies, FBI interview transcripts, and other evidence — all of which could thrust unflattering details about Trump into the spotlight in the final weeks of the presidential election.
Former federal prosecutors have said it is unclear how much new information may be disclosed to the public in the 180-page motion, as some of the details may have significant redactions, while other information may have already been made known by the now-defunct House Jan. 6 committee.
The deadline for Smith to make his filing is on Thursday, though the special counsel is allowed to make filings ahead of the deadline and has a track record of filing early.
Trump is facing four felony counts in relation to Smith’s allegations that he unlawfully sought to overturn the 2020 election. The other criminal case from Smith has been dismissed, though he’s seeking to revive the case, which accuses Trump of mishandling classified documents, in a federal appeals court.
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The former president was found guilty on 34 felony counts in New York this summer in relation to falsifying business records in an alleged scheme to hide an affair with porn star Stormy Daniels, and a racketeering indictment similar to the Jan. 6 case is stalled in Georgia as Trump seeks to remove Fulton County District Attorney Fani Willis over allegations of corruption.
Trump has pleaded not guilty in every case he faces in the run-up to the Nov. 5 election between him and Vice President Kamala Harris.